NBA star Kobe Bryant is scheduled to appear at an Oct. 9 preliminary hearing in Eagle, Colo., where Eagle County Judge Frederick Gannett will decide whether he will stand trial. Bryant is accused of raping a woman June 30 at the mountain resort in Eagle where she worked. The Los Angeles Lakers star claims the two had consensual sex. What are the various scenarios that could unfold from this hearing? What are the legal strategies that both sides will employ? Mark Shaw, a former criminal defense lawyer turned author and television legal analyst, is here to try to make sense of it all. His books include Down for the Count, about the Mike Tyson trial; Larry Legend, a biography of NBA Hall of Famer Larry Bird; and The Perfect Yankee, the story of Don Larsen's perfect game in the 1956 World Series. Chat with Mark about the hearing and the hoopla surrounding it.

Mark Shaw:
Depends on defense counsel's perception of the alternatives and their feelings regarding whether Bryant can get a fair jury in Eagle. My bet - no change of venue. People in Eagle are very independent and will judge based on the evidence, not media reports.Stamford, CT:
If Mr.Bryant, do go to trial, what would you say would be his chances of getting a fair trial? Because of all of the past athletes and their out come.as you stated Mr. Tryson, or O J Simpson. know these are two different cases. is there fair play for the Black athlete.

Mark Shaw:
I believe enough time will pass between now and when the case goes to trial that jurors will have forgotten most of the media reports. Defense lawyers will have to decide whether to keep the case in Eagle, but my bet is that they will do so because the alternatives are not that attractive. Whether Bryant's race will be a factor is difficult to access, but jurors are becoming more colorblind.Columbia, MD:
Is the selection of a Caucasian woman to be the lead attorney in this case done to appeal what will probably be an all Caucasian jury. How is an all Caucasian jury a jury of Kobe Bryant's peers?

Mark Shaw:
I doubt that the selection of a Caucasian attorney was done because of her race, but more because she is known to be competent with regard to this kind of case. The fact that she is a woman will be an advantage, but her skill level is most important.

Regarding jury of peers, the fact that there will probably be no blacks included is a concern, but my perception is that jurors are becoming more colorblind.Miami Fl:
What is the evidence of rape? What can jurors be shown that will show the difference between having sex and having been raped?

Mark Shaw:
The standard most used is that the difference occurs when the woman says no. Even if the sex is consensual, if the woman says no, then the man must stop. The gray line appears when there is confusion between the parties and that is why "he said, she said" cases are most difficult.Naples, FL:
Hi Mark!
Is it just me or is it looking more and more like Kobe's luck is running out? I mean they're not holding this girl's past up for accountability on any issues at all. She's a mental case and yet, they are making this so easy for her.

Mark Shaw:
Remember - all you are reading is media reports. No courtroom evidence has been presented. Future court ruling may permit admissibility of the woman's background so stay tuned.

Regarding Kobe's luck running out, a case like this has nothing to do with luck. He made a choice and must live with the consequences. Whether that choice was legal will be determined.Champaign-Urbana. IL:
How is it legal for the plaintiff to remain unknown and the defendant who is innocent until proven guilty beyond a reasonable doubt has been identified and tried by the media before the case has gone to trail?
The plaintiff in this case may have mental problems that may not surface in the trail because a judge ruled it not permissable to expose to the jury. Can Kobe get a fair trail in Eagle County, CO ? A change of venue may have been in his best interest because the jury probobly will not include any African Americans and the closest they will come is Hispanic or mixed race.

Mark Shaw:
Remember, all you are reading are media accounts. No evidence has presented in the courtroom and so we don't know all the facts. It may seem unfair, but the justice system will provide a time when the woman's background and potential motive will come into play.

Regarding jury selection, the defense will have to look at their alternatives regarding change of venue. And regarding racial makeup, I believe most jurors are becoming more colorblind.Kansas City, MO:
Do you think kobe really raped this lady or Is it really a money issue and do you think kobe will get any jail time.

Mark Shaw:
There is no way to access the validation of the charges until we know all of the facts at trial.

Regarding money, the victim has not asked for any at this point. Whether a civil settlement and a plea to a lesser charge will occur remains to be seen.

If convicted of the charges, I would expect Bryant to receive a considerable amount of prison time based on similar cases.louisiana:
Isn't it more than likely that a person that will agree to consentual sex with a famous person be more likely to holler rape than a peron with not notoriety? N. Collins

Mark Shaw:
You are talking about motive and this differs with each case. The lure of a celebrity may be greater, but thousands of these cases occur every week. When all the facts are presented at trial, you can make up your own mind.china:
did Bryant really rape the woman?

Mark Shaw:
All you have read are media reports, so we don't know all of the facts. There is no way to determine what occurred and whether it was illegal until a trial.Tulsa, OK:
Dear Sir, what's your take on all the media, especially Nancy Grace charectorizing The alleged victim in this case as a sweet innocent "lil-girl"?? Do you think the defense will try to express a timeline that will include this young lady going home, showering putting on her best Victoria Secrets, and not telling her parents she was going to a hotel to spend some time with a famous married basketball player?

Mark Shaw:
I'm afraid I do not know who Nancy Grace is, but don't pay too much attention to the media characterization of the alleged victim.

Regarding your second question, I'm sure the defense will present evidence regarding the alleged victim's actions and her motives, including any reference to Victoria's Secret evening wear.Indianapolis, IN:
How can it be consensual, when Kobe left marks on the woman? What does she have to gain by falsely accusing him? Kobe has a beautiful wife. What the heck is his problem?

Mark Shaw:
All we know are media reports regarding marks on the women, although the prosecution has alluded to them. The question is whether the marks are part of rough sexual activity or conducive to rape.

We don't know the motive for the woman's allegations other that she believed she was raped. Further information will be presented at trial.

Celebrities many times believe they don't play by society's rules. Many are also very insecure people who believe they must continue to push the envelope. When they cross the line, they must pay the consequences.Washington DC:
If you were defending Kobe, what would your strategy be?

Mark Shaw:
I do not know all of the facts, so it is difficult for me to provide strategy, but I would have already continued the preliminary hearing for as long as possible since passage of time is the defense lawyer's best friend.

Meanwhile, I would concentrate on motive and investigation of potential physical evidence in preparation for trial.Alexandria VA:
Will the victim have to testify?

Mark Shaw:
If you mean at the preliminary hearing, no. If there is a trial, most definitely.Washington, DC:
Do you think it would be in Kobe's best interest to waive tomorrow's preliminary hearing?

Mark Shaw:
I am surprised that this has not been done already, but the defense may think they can gain something from having the hearing. For instance, they would be able to cross-examine the detectives and this provides them with knowledge as to what kind of witnesses they will make at trial.Arlington VA:
Given Koby's attractiveness, his good-looking wife and his image, how hard will it be to convince a jury (and the jury at home) that he's guilty?

Mark Shaw:
The prosecution will attempt to portray the image of a man who is capable of committing rape. This means that they will try to show he had the mental state to have his way with the alleged victim despite her saying no. They may provide background as to his mental state, problems at home, etc. to solidify their case.Washington DC:
Once the trial starts, how difficult is it to add witnesses? And do both sides have to be told if witnesses are added?

Mark Shaw:
Each side has to submit a list of witnesses prior to trial. Seldom is there any added. You have been watching too much television.Washington DC:
Will it become necessary to question the reputation of the accuser during the trial? Is that legal? If it's allowed, could it backfire?

Mark Shaw:
Defense counsel must be very careful since badgering the alleged victim can backfire. The woman is protected by the rape shield law, and some background cannot thus be presented. Defense counsel must walk the thin line and ask tough questions without giving the jury the impression that they are attacking her personally.Macon , Georgia:
When is Kobe bryant going to be able to play basketball.

Mark Shaw:
I'm a Cubs fan, so I don't give a damn. But, I understand he can play right now.El Paso, Texas:
Are the allegations that Kobe will/has tried to give the accuser money in order for her to drop the charges true?

Mark Shaw:
You are only reading media reports and I would be careful giving them validation. I seriously doubt if any discussions have been held with regard to this point, but don't be surprised if a settlement is discussed in the near future.Oxon Hill, Md:
Do you think kobe will go to a jail?

Mark Shaw:
There is no way to tell at this point because we do not know all of the facts. It does appear that the prosecution has a strong case, but only time will tell if it is enough to convince a jury he is guilty.Toledo, Ohio:
What is the incentive for a woman to claim rape and go through this terrible ordeal? It seems that she, like Bryant, is enduring a reputation assassination.

Mark Shaw:
Unfortunately, this is true. In today's environment, the media leaps on a case like this and facts are rare.

As far as motive goes, the defense may try to show that she is only after fame and fortune, but so far she has only a tough way to go. Hopefully, after the preliminary hearing, the case will move out the news and her life will settle down.El Paso, Texas:
Do you know how much importance the hotel staff testimonies will be in this case?

Mark Shaw:
In a 'he said, she said," case, evidence is needed to corroborate the accusers testimony other than her word and physical evidence. In this case, I have a hunch the testimony of hotel personnel will be critical since they are impartial witnesses. In fact, the case's outcome may very well be determined on what they have to say.Iowa City, IA:
Mark, when do you think the actual case will begin. Do you think Kobe's NBA obligations will factor into the decision?

Mark Shaw:
It is difficult to to tell when a trial might occur, but I believe the date should have nothing to do with Bryant's NBA obligations. He is simply a person charged with a serious crime and the time factor should be the same for him as any one else. Also - a delay would not be fair to the alleged victim.Washington, D.C.:
Do you think it would be in Kobe's best interest to waive the preliminary hearing?

Mark Shaw:
Yes, but perhaps the defense wants to cross-examine the detectives who investigated the case. My bet though is that it will be waited.El Paso, Texas:
Do you think that people in the "limelight" such as professional athletes use not only their star power as well as their money to get whatever they please?

Mark Shaw:
They certainly do have an advantage that way, but just because they do, it does not mean they find happiness or joy. The Good Lord will not let it work that way, and many times, having the ability to do whatever you want to can be dangerous.Dayton,Ohio:
How good are the attorneys for Mr.Bryant and are they more than capable of defending this case?

Mark Shaw:
I have been concerned with their "by-the-book" defense thus far, but they appear to be capable attorneys. They know the facts better than I do, but it appears that they are not using much creativity to defend Bryant.sd, ca:
In regards to Medical Records - it seems the defense is having a hard time getting them as it relates to the alleged victim - is this usually the case?

Mark Shaw:
Each case is different, but medical records are protected based on confidentiality between doctor and patient. In this case, the county judge has ruled that any decision regarding release of the alleged victim's records will be handled by the district court judge. I have a hunch that some of the records may be released, but not all. The determining factor is relevance and again, the question of confidentiality.El Paso, Tx. :
If Kobe is found guilty, can his sentence be probated or deferred in any way?

Mark Shaw:
There is a provision in the Colorado status for probation, but I would doubt it being used in a serious case like this. Colorado has a very strong rape statute and I would expect a lengthy prison if he is convicted.sd, ca:
It does seem that there is some evidence of mental instability (suicide attempts, 911 calls) how would you manipulate those as a defense attorney?

Mark Shaw:
Very carefully. Jurors want to know the truth, but they are sympathetic regarding any attempts to badger a witness of cause her to be embarrassed. The judge's rulings in this arena will be be most important and in my opinion, critical to any defense chances. Regardless, care must be used by the defense when examining the alleged victim.El Paso, Texas:
Does all the evidence have to be presented in advance to both sides? If not, what is the time frame for doing so?

Mark Shaw:
In Colorado, there is discovery and in this day and age, most all of the evidence is known before trial. The judge usually sets a time frame for disclosure.sd, ca:
What are the similarities and differences you see with the Tyson trial at this point in the process?

Mark Shaw:
There are many similarities, but Tyson had a reputation for violence while Bryant's is the opposite. The challenge for defense lawyers is to capitalize on the "C'mon, Kobe isn't the kind of person who would do this" defense.

Like Tyson, Bryant will be tried in an area where there are going to be few minorities on the jury. Whether this will be a factor remains to be seen.Arlington, VA:
Why does it seem that almost anything and everything that could possibly help Kobe Bryant in this case is being thrown out or not admitted. It just doesn't seem fair.

Mark Shaw:
It may appear that Bryant is losing the court rulings, but this was to be expected based on the law in Colorado. How the case plays out will be interesting once a new judge is handling the case.El Paso, Tc. :
What do you think the mix will be on the jury in regards to men and women? Also, which gender, in your opnion, is the hardest to convince in a rape trail such as this?

Mark Shaw:
If the case is held in Eagle, the chances of minorities on the jury is slim. But in this day and age, jurors are becoming more colorblind.

It is so individual based on the background of the jurors. One never knows what experiences they may have had with encounters like the one in the Bryant case. This is why jury questions are so important.Bonner Springs, Kansas:
Have there been any cases where a rape victim was discovered to have injured herself or had a co-conspirator injure her to make consensual sex appear to be non-consensual sex?

Mark Shaw:
There may have been, but I do not know of any. I would think police are very savvy regarding watching for these kind of situations.Salem, VA:
What is the reasoning behind protecting the accuser's identity/privacy but not that of the accused?

Mark Shaw:
Good question. Generally, it is done to protect the alleged victim from being castigated in the media or being contacted, etc. Many judges don't think it is good law, and perhaps it may be changed in the future.

In this case, the media has discovered the woman's identity and it has been posted many places. She has had to leave Eagle, which is too bad. Bryant has also had his private life investigated as never before.

In this day and age of media attention, lives are changed when an incident like this occurs. Good or bad, this is the way it is.sd, ca:
Was Kobe smart to admit that he committed adultery, or should he just have kept his mouth shut until trial time. That is to say, did he invite criticism prematurely.

Mark Shaw:
I believe it was a fundamental mistake to handle his case like this. One minute he is admitting to being a lying snake and an adulterer, and then next proclaiming his innocence of rape. Admitting to being an adulterer wiped away his aura of invincibility. This caused people to look at him in a different light.